Best Real Estate Attorneys in Bakersfield

FAQs

• What is the non-emergency contact number for the local police station in Bakersfield, California?

  661-327-7111 is the non-emergency contact number of the Bakersfield Police Department.

• Where can I get a copy of police reports for incidents related to my case in Bakersfield, California?

  To obtain reports from the Bakersfield Police Department, you can send a written request by mail to 1601 Truxtun Avenue, Bakersfield, CA 93301. The request must include the case number, date of reported incident, names of the involved parties, and the requester's phone number. These reports can also be obtained in person at the Police Department during their working hours from Monday to Friday, between 8 a.m. to 3:30 p.m.

• Can your landlord in Bakersfield evict you without giving notice?

  The answer is not straightforward. In Bakersfield, landlords are typically required to issue a termination notice, but there are circumstances where exceptions apply. For instance, if a lease has expired and the tenant continues to occupy the property without permission, the landlord might initiate an eviction lawsuit.

• How can real estate disputes in Bakersfield be resolved without going to court?

  Mediation is advised as a method for resolving real estate issues in Bakersfield without going to court. An impartial mediator aids in fostering discussions between the parties, with the goal of coming to an amicable agreement. If mediation is successful, it can lead to a legally enforceable agreement and is a more affordable option versus going to court. The parties may think about arbitration as a less formal and more cost-effective option to judicial action if mediation does not result in a resolution.

• Who pays for a partition action in Bakersfield?

  In Bakersfield, the allocation of costs in a partition action follows the "American Rule," where each party typically bears their own attorney's fees. But there is an exception: The court has the authority to make an equitable distribution, dividing costs among parties in proportion to their interests. The court may also award reasonable attorney's fees incurred or paid by a party for the common benefit of all parties involved.

• What are the consequences of completing construction in Bakersfield without obtaining permits?

  Completing construction in Bakersfield without having obtained the required permits is a violation of building regulations. As a result, further permits will not be granted for the site until the violation is addressed. There may also be additional financial consequences such as fees and fines imposed on the property owner. Furthermore, a lien can be placed on the property, which serves as a legal claim until the violation is rectified and the necessary permits are obtained.

• Is it legal for landlords to utilize a tenant's apartment electricity for common area lighting in Bakersfield?

  The legality of such a situation depends on various factors. In Bakersfield, tenants may bear responsibility for utility charges that benefit the landlord or other tenants—but this is contingent on obtaining the tenant's written consent in the rental agreement or a separate document.

• What does a real estate attorney do?

  Real estate attorneys are responsible for preparing and reviewing transactional documents and helping clients with the closing process. They draft purchase agreements, perform title searches, write title insurance policies, disburse funds, and prepare federally mandated HUD-1 settlement statements. They can also help clients understand the tax implications of selling a home. In the case of a dispute between the buyer, seller, or a third party, real estate attorneys also defend clients in court. Even if there is no identifiable dispute over the transaction, an attorney will make sure everyone “plays by the rules” during the purchase or sale.

• Can I purchase property without a real estate attorney?

  In some cases, it’s possible to purchase residential or commercial real estate without consulting a real estate lawyer. However, legal representation is required in approximately 20 states, and some jurisdictions require a lawyer to be present at the closing. Usually, real estate attorneys take over once real estate agents have an offer in hand. Buyers are encouraged to consult an attorney when purchasing damaged or bank-owned property or real estate located in high-risk areas. Attorneys can also assist out-of-town buyers and negotiate favorable solutions if liens, structural issues, or legal challenges crop up during the procurement.

• What does a real estate attorney do for a buyer/seller?

  Real estate transactions may seem cut and dried, but it’s common for unforeseen difficulties to arise. Attorneys who represent buyers or sellers can facilitate a successful transaction while protecting their clients’ interests and preventing costly mistakes. On the buyer’s side, attorneys can provide advice related to financing, estate planning, tax law, and first-time home buyer credits. Real estate attorneys can also help sellers who are dealing with challenges due to liens, structural damage, probate disputes, or uncooperative partners.

• What’s the difference between real estate and property?

  Real estate includes land, permanent structures, and natural resources, such as water, minerals, and trees. Property typically describes personal items and belongings that aren’t permanently attached to land. The transfer of real property includes the bundle of legal rights, which give landowners the freedom to possess or occupy the property, enjoy their land without interference, restrict others’ access to the property, and dispose of their ownership rights as they see fit.

• What happens when a real estate lawyer puts a lien on you?

  In most cases, liens stay attached to the property until the debt is satisfied or the debtor files for bankruptcy. The creditor’s rights vary depending on whether the lien is voluntary or involuntary. Additionally, if a lien has been perfected, that lienholder has priority over other creditors. Voluntary liens are most common when homeowners use their property as collateral against a secured loan. Involuntary liens are typically related to back taxes, court judgments, and child support. Properties are also subject to involuntary mechanic’s or materialman’s liens in case a customer or contractor fails to pay for materials or labor. Liens don’t necessarily prevent someone from transferring property, but most buyers want a title that’s free and clear.

• What does a real estate lawyer do at closing?

  Lawyers perform critical functions during every stage of the closing process. They draft and review documents, negotiate contracts, and finalize all of the details needed to close the sale. Attorneys who represent buyers can negotiate the terms of sales contracts, including contingencies, perform title searches to ensure that the seller can legally transfer ownership, and resolve issues related to third-party claims, liens, and easements. They can also assist with loan paperwork, title insurance, and other financial matters, such as taxes and transfer fees. Real estate attorneys who represent sellers are responsible for handling deeds, insurance declarations, and payoff letters.

• Do I need a lawyer to sell my house privately?

  Not necessarily. Some states require a real estate attorney to be present at the closing, but there are some situations when you might consider hiring one even if it's optional where you live. Examples might include:

  • You're selling the house with an uncooperative partner
  • You've inherited a property from an owner who is now deceased
  • You anticipate tax consequences

• Can a real estate lawyer represent the buyer and seller?

  Generally speaking, no, because the seller and buyer have different priorities when it comes to a home sale, and some of those interests conflict. States have specific laws governing whether or not a real estate lawyer can represent the buyer and seller, and if this does happen, there's often a waiver that has to be signed by both parties acknowledging a conflict exists. States may have different names for a document like this, but it's usually called a Conflict Waiver. Acceptable exceptions for using the same real estate lawyer might include a property being transferred from one family member to another, such as a father to his son.

• How much does a closing attorney cost?

  Some states require a closing attorney, while others deem it optional. The cost of hiring a closing attorney varies widely by the state and law firm you choose. You can expect to pay between $2,500 and $3,000 for a simple buy/sell transaction, but keep in mind that this cost is likely to vary depending on your location and the complexities of the closing.

• Do you need a lawyer to sell land?

  Technically, no, you don't need a lawyer to sell land, but there are some situations when it might be a good idea. You might consider hiring an attorney if you are faced with existing boundary disputes, involved in a sale of land that's partially wetland, or in circumstances concerning tax issues. Specific laws related to land vary by state, but one potential issue is the tax rate, which can differ depending on whether the land can have structures built on it.

• What role does a real estate lawyer play in mortgages?

  Lawyers can assist buyers and sellers in transactions involving bank financing. They can review the fine print, any title insurance declarations, and the mortgage terms. A real estate attorney also will ensure that funds are distributed to the correct parties, especially if there are any outstanding mortgages or liens that need to be paid before the title transfer.